superseding indictment tazhayakov (2), obstruction of justice and 18 u.s.c. 1519; robel kidane...

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA Crim. No. IX"'" 10238' j)PW

v. Violations: Conspiracy to Obstruct

DIAS KADYRBAYEV (1), Justice - 18 U.S.C. § 371; AZAMAT TAZHAYAKOV (2), Obstruction of Justice and 18 U.S.C. § 1519; ROBEL KIDANE PHILLIPOS (3), Making False Statements

18 U. S . C. § 1001 (a) (2); and Defendants. Aiding and Abetting

18 U.S.C. § 2.

SUPERSEDING INDICTMENT

The Grand Jury charges:

INTRODUCTORY ALLEGATIONS

1. On April 15, 2013, at approximately 2:49 p.m., while the

Boston Marathon, an annual 26.2 mile race, was underway, two

explosions occurred in Boston, Massachusetts, on the north side of

Boylston Street along the Marathon's final stretch in close proximity

to the finish line.

2. The first explosion occurred in the vicinity of 671

Boylston Street and the second occurred approximately one block away

in front of 755 Boylston Street. The explosive devices were placed

near the metal barriers where hundreds of spectators were watching

runners approach the finish line. Each explosion killed at least

one person, maimed, burned and wounded scores of others, and damaged

1

Case 1:13-cr-10238-DPW Document 47 Filed 08/29/13 of 14

public and private property, including the streets, sidewalk,

barriers, and property owned by people and businesses in the

locations where the explosions occurred. In total, three people

were killed and over two hundred individuals were injured.

3. Immediately following the bombings and continuing until

the evening of Friday, April 19, 2013 when Dzhokhar Tsarnaev was

arrested, thousands of law enforcement personnel from local police

departments, the Massachusetts State Police, and federal agencies

conducted an extensive manhunt for the two suspected Boston Marathon

bombers, who were ini tially referred to by law enforcement as "Bomber

One" and "Bomber Two," and who were later identified as Tamerlan

Tsarnaev (Bomber One) and Dzhokhar Tsarnaev (Bomber Two) .

4. The Federal Bureau of Investigation's ("FBI's") Joint

Terrorism Task Force ("JTTF") led the investigation of the bombings.

As part of this domestic terrorism investigation, numerous

interviews were conducted to, among other things: (1) uncover and

thwart any other planned attacks; (2) identify, locate, and arrest

the bombers; and (3) collect evidence.

5. At approximately 5:00 p.m. on April 18, 2013, the FBI

published video and photographic images of Bomber One and Bomber Two

on its website. Those images were widely rebroadcast by media

outlets allover the country and the world. The FBI asked for the

2


public's help in identifying the two men pictured in the video and

photographs. On Friday, April 19, 2013, the men pictured in these

video images and photographs were identified as Tamerlan Tsarnaev

and Dzhokhar Tsarnaev.

6. On the evening of Friday, April 19, 2013, Dzhokhar Tsarnaev

was arrested in Watertown, Massachusetts. His brother, Tamerlan

Tsarnaev, was killed earlier that day following a shootout with

police.

7. Defendants DIAS KADYRBAYEV ("KADYRBAYEV") and AZAMAT

TAZHAYAKOV ( "TAZHAYAKOV" ) are both nationals of Kazakhstan who

entered the United States on student visas in or about September 2011.

Until April 20, 2013, KADYRBAYEV and TAZHAYAKOV shared an apartment

at 69A Carriage Drive, New Bedford, Massachusetts ("the Carriage

Drive apartment").

8. Defendant ROBEL KIDANE PHILLIPOS ("PHILLIPOS") is a United

States citizen who lives in Cambridge, Massachusetts.

9. KADYRBAYEV, TAZHAYAKOV, PHILLIPOS, and Dzhokhar Tsarnaev

all began attending the University of Massachusetts at Dartmouth

("UMASS-Dartmouth") at the same time in 2011. The four men were

friends, spent time together socializing, and often exchanged text

messages with each other.

10. During the fall 2012 and spring 2013 semesters, Dzhokhar

3


Tsarnaev and a roommate were assigned campus housing at Room 7341,

Pine Dale Hall, on the UMASS-Dartmouth campus ("Dzhokhar Tsarnaev' s

dormi tory room"). Dzhokhar Tsarnaev was living in his Pine Dale Hall

dormitory room during April 2013, the time period of the Marathon

bombing.

11. On April 21, 2013, the FBI searched Dzhokhar Tsarnaev's

dormi tory room pursuant to a search warrant. Three days before the

FBI executed its search, on the evening of April 18, 2013, after the

FBI posted the photographs of Bomber 1 and Bomber 2, KADYRBAYEV,

TAZHAKAKOV, and PHILLIPOS entered Tsarnaev' s dormitory room, removed

several items from the room, including Tsarnaev's laptop computer

and a backpack containing fireworks, and brought them to the Carriage

Drive apartment.

12. Subsequently, between approximately 10:00 p.m. on April

18, 2013 and 1:22 p.m. on April 19, 2013, KADYRBAYEV placed Dzhokhar

Tsarnaev's backpack, which contained several items including

fireworks and a jar of Vaseline, in a garbage bag and placed it in

a dumpster outside the Carriage Drive apartment.

13. On April 19, 2013, the Carriage Drive apartment complex's

dumpster was emptied and its contents were moved to a landfill in

New Bedford, Massachusetts. Over the course of two days, April 25,

2013 and April 26, 2013, more than 30 federal agents searched this

4


landfill for the evidence KADYRBAYEV had placed in the trash. On

April 26, 2013, Dzhokhar Tsarnaev's backpack was found at the

landfill. Inside the backpack, the agents recovered fireworks, a

jar of Vaseline, a thumb drive, and a UMASS-Dartmouth homework

assignment sheet.

14. Between on or about April 19, 2013, and April 25, 2013,

federal agents assigned to the JTTF and FBI special agents

interviewed PHILLIPOS concerning material facts related to the

terrorism investigation of the Boston Marathon bombing and one of

the suspected bombers, Dzhokhar Tsarnaev. During these interviews,

PHILLIPOS concealed the fact that he, KADYRBAYEV, and TAZHAYAKOV had

gone into Dzhokhar Tsarnaev' s dormitory room on the evening of April

18, 2013, and removed Dzhokhar Tsarnaev's backpack from his room.

In so doing, he made numerous false and misleading statements to the

agents.

5


COUNT ONE: (18 U.S.C. § 371 - Conspiracy to Obstruct Justice)

The Grand Jury further charges that:

The allegations contained in paragraphs 1-14 are hereby

re-alleged and incorporated by reference as if fully set forth

herein.

From on or about April 18, 2013, and continuing until on or about

April 20, 2013, in the District of Massachusetts,

DIAS KADYRBAYEV and AZAMAT TAZHAYAKOV,

defendants herein, did knowingly conspire, combine, confederate and

agree with each other and with another conspirator known to the Grand

Jury to commit an offense against the United States, to wit,

Obstruction of Justice, in violation of 18 U. S. C. § 1519, by agreeing

to knowingly alter, destroy, conceal, and cover up tangible objects

belonging to Dzhokhar Tsarnaev, namely a laptop computer and a

backpack containing fireworks and other items, with the intent to

impede, obstruct, and influence an investigation and proper

administration of a matter within the jurisdiction of the Federal

Bureau of Investigation, an agency of the United States Government,

and in relation to and contemplation of such investigation and

matter.

OVERT ACTS

In furtherance of the conspiracy, and to effect its objects,

6


the defendants and their co-conspirator committed overt

acts, including, but not limited to, the following:

a. At approximately 10:00 p.m. on April 18, 2013, KADYRBAYEV,

TAZHAYAKOV, and their co-conspirator entered Dzhokhar Tsarnaev's

dormitory room at UMASS-Dartmouth.

b. On the evening of April 18, 2013, KADYRBAYEV showed

TAZHAYAKOV a text message he had received from Dzhokhar Tsarnaev,

which read, "If yu [sic] want yu [sic] can go to my room and take

what's thereQ but ight [sic] bro [sic] Salam aleikum."

c. While inside Dzhokhar Tsarnaev's dormitory room on the

evening of April 18, 2013, KADYRBAYEV searched Dzhokhar Tsarnaev's

belongings and found a backpack containing fireworks. The fireworks

containers had been opened and manipulated. As a result, some of

the explosive powder was visible.

d. While inside Dzhokhar Tsarnaev's dormitory room on the

evening of April 18, 2013, KADYRBAYEV showed TAZHAYAKOV the backpack

containing fireworks, which KADYRBAYEV had found with Dzhokhar

Tsarnaev's belongings.

e. While inside Dzhokhar Tsarnaev's dormitory room on the

evening of April 18, 2013, KADYRBAYEV showed TAZHAYAKOV a jar of

Vaseline he had found among Dzhokhar Tsarnaev's belongings and

KADRYBAYEV told TAZHAYAKOV that he (KADYRBAYEV) believed Dzhokhar

7


Tsarnaev had used the Vaseline "to make bombs" or words to that

effect.

f. When they left Dzhokhar Tsarnaev's dormitory room on the

evening of April 18, 2013, KADYRBAYEV and TAZHAYAKOV removed several

items, which they believed belonged to Dzhokhar Tsarnaev, including

a backpack, fireworks, ajar of Vaseline, and a laptop computer from

the room and together with their co-conspirator, took those items

back to the Carriage Drive apartment.

g. While at the Carriage Drive apartment, KADYRBAYEV

discussed with TAZHAYAKOV and their co-conspirator getting rid of

Dzhokhar Tsarnaev's backpack and fireworks by placing those items

in the garbage. TAZHAYAKOV agreed.

h. On the evening of April 18, 2013, KADYRBAYEV and TAZHAYAKOV

removed the laptop computer from Dzhokhar Tsarnaev's backpack and

then KADRYBAYEV, with the knowledge and agreement of TAZHAYAKOV,

placed Dzhokhar Tsarnaev's backpack with the fireworks inside a

black garbage bag. KADYRBAYEV then took the garbage bag containing

Dzhokhar Tsarnaev' s backpack and placed it into the garbage dumpster

outside the Carriage Drive apartment.

i. On the evening of April 18, 2013 and the morning of April

19, 2013, KADYRBAYEV and TAZHAYAKOV watched television news reports

about the persons suspected of committing the Marathon bombings.

8


These reports showed pictures of a suspected bomber who was later

publicly identified (by approximately 6:50 a.m. on April 19, 2013)

as Dzhokhar Tsarnaev. On the morning of April 19, 2013, multiple

news reports identified Dzhokhar Tsarnaev as one of the two Marathon

bombers.

j. On April 19, 2013, after Dzhokhar Tsarnaev had been

identified on news reports as one of the two Marathon bombers,

TAZHAYAKOV and KADYRBAYEV watched as a garbage truck came to their

apartment complex and emptied the contents of the dumpster where

TAZHAYAKOV knew KADYRBAYEV had discarded Dzhokhar Tsarnaev's

backpack.

All in violation of 18 U.S.C. § 371.

9


COUNT TWO: (18 U.S.C. § 1519 - Obstruction of Justice) (18 U.S.C. § 2 - Aiding and Abetting)


The allegations contained in paragraphs 1-14 are hereby re-

alleged and incorporated by reference as if fully set forth herein.

Between on or about April 18/ 2013 and on or about April 20,

2013, in the District of Massachusetts,

DIAS KADYRBAYEV and AZAMAT TAZHAYAKOV,

defendants herein, did knowingly alter, destroy, conceal, and cover

up tangible objects with the intent to impede, obstruct, and

influence an investigation and proper administration of a matter

within the jurisdiction of the Federal Bureau of Investigation, an

agency of the United States Government, and in relation to and

contemplation of such investigation and matter.

All in violation of 18 U.S.C. §§ 1519 and 2.

10


COUNT THREE: (18 U.S.C. § 1001(a) (2) - False Statements)


The allegations contained in paragraphs 1-14 are hereby re


On or about April 20, 2013, in the District of Massachusetts,

ROBEL KIDANE PHILLIPOS,

defendant herein, in a matter involving domestic and international

terrorism within the jurisdiction of the executive branch of the

Government of the United States, did knowingly and willfully make

a materially false, fictitious and fraudulent statement and

representation, which PHILLIPOS then knew to be false, to wit: (1)

he did not remember going to Dzhokhar Tsarnaev's dormitory room on

the evening of April 18, 2013 i (2) he returned to the door of Dzhokhar

Tsarnaev's dorm room on the evening of April 18, 2013 at approximately

10:00 p.m. with Kadyrbayev and Tazhayakov (PHILLIPOS admitted that

he had gone to Dzhokhar Tsarnaev's dormitory room earlier in the

afternoon), but no one entered the dormitory roomi and (3) on the

evening of April 18, 2013, he knocked on the door of Dzhokhar

Tsarnaev's dormitory room but no one answeredi he then checked the

door handle to see if the door was locked and because the door was

locked, he, Kadyrbayev, and Tazhayakov left the area.

All in violation of 18 U.S.C. § 1001(a) (2).

11


COUNT FOUR: (18 U.S.C. § lOOl{a) (2) - False Statements)


The allegations contained in paragraphs 1-14 are hereby re


On or about April 25, 2013, in the District of Massachusetts,

ROBEL KIDANE PHILLIPOS,

defendant herein, in a matter involving domestic and international

terrorism within the jurisdiction of the executive branch of the

Government of the United States, did knowingly and willfully make

a materially false, fictitious and fraudulent statement and

representation, which PHILLIPOS then knew to be false, to wit: (1)

he only entered Dzhokhar Tsarnaev's dormitory room on one occasion

on April 18, 2013, which was sometime in the afternoon when he spoke

to Dzhokhar Tsarnaev for approximately ten minutes; (2) he did not

observe anyone take a backpack out of Dzhokhar Tsarnaev's dormitory

room on April 18, 2013; (3) he did not see a backpack inside Dzhokhar

Tsarnaev's dormitory room on the evening of April 18, 2013; (4) he

did not see any fireworks inside Dzhokhar Tsarnaev' s dormitory room

on the evening of April 18, 2013; (5) neither he, Kadyrbayev, or

Tazhayakov took a backpack from Dzhokhar Tsarnaev's dormitory room

on the evening of April 18, 2013; (6) he was not aware of Kadyrbayev

or Tazhayakov removing anything from Dzhokhar Tsarnaev's dormitory

12


room on the evening of April 18, 2013; and (7) he did not engage in

any conversation with Kadyrbayev and Tazhayakov regarding plans to

discard in the trash a backpack, which had been taken from Dzhokhar

Tsarnaev's room on the evening of April 18, 2013.

All in violation of 18 U.S.C. § 1001(a) (2).

13


A TRUE BILL

FOREPERSON OF THE GRAND JURY

1l~A..y~JOHN~~

~-----B. STEPHANIE SIEGMANN Assistant United States Attorneys

DISTRICT OF MASSACHUSETTS, Boston, MA August 29, 2013

Returned into the District Court by the Grand Jurors and filed.

~_.

~ Deputy Clerk

14


'llt.JS 45 (5/97) - (Revised U.S.D.C. MA 3/2512011)

Criminal Case Cover Sheet U.S. District Court - District of Massachusetts

II FBIPlace of Offense: Category No. Investigating Agency

City N. DartmoutblNew BedfordlBos. Related Case Information:

13-10238-DPWSuperseding Ind. Case No.

New Defendant 13-2161-MBB/13-2':""16::':::2""':-M""':B=-B=

13-2107-MBB; 13-2104-MBB

Superseding Ind.l Inf. Same Defendant X----- Magistrate Judge Case Number Search Warrant Case Number R 201R 40 from District of

County Bristol andSuffolk

Defendant Information:

Defendant Name DIAS KADYRBAYEV ------------ Juvenile:----- DYes [{]No

Is this person an attorney and/or a member of any state/federal bar: DYes [{] No

Alias Name

Address (City & State) New Bedford, Massachusetts

Birth date (Yr only): 1994 SSN (Iast4#): _ Sex M Race: White Nationality: Kazakhstan

Defense Counsel if known: Robert G. Stahl, Esq. Address 220 Paul Street, Westfield,NJ 07090

Bar Number

U.S. Attorney Information:

AUSA B. Stephanie Siegmann and John A. Capin Bar Number if applicable

Interpreter: DYes [{] No List language and/or dialect:

Victims: DYes [{] No If yes, are there multiple crime victims under 18 USC§3771 (d)(2) DYes DNo

Matter to be SEALED: DYes [{] No

DWarrant Requested D Regular Process [{] In Custody

Location Status:

Arrest Date 05/0112013

[{]Already in Federal Custody as of 05/0112013 in Essex CountylMiddleton

D Already in State Custody at ---------- DServing Sentence 0.waiting Trial

D On Pretrial Release: Ordered by: on

Charging Document: DComplaint DInformation [{] Indictment

2Total # of Counts: Dpetty--- D Misdemeanor [{]Felony

Continue on Page 2 for Entry ofU.S.C. Citations

I hereby certify that the case numbers of any prior proc ings before a Magistrate Judge are accurately set forth above.

/1 Signature of AUSDate:

Case 1:13-cr-10238-DPW Document 47-1 Filed 08/29/13 Page 1 of 6

---------------------------------

JS 45 (5/97) (Revised U.S.D.C. MA 12/7/05) Page 2 on or Reverse

District Court Case Number (To be filled in by deputy clerk): 13-10238-DPW

Name of Defendant DIAS KADYRBAYEV

U.S.C. Citations

Index Key/Code Description of Offense Charged Count Numbers

Set 1 18 U.S.C. § 371 Conspiracy to Obstruct Justice

Set 2 18 U.S.C. § 1519 Obstruction of Justice 2

Set 3

Set 4

Set 5

Set 6

Set?

Set 8

Set 9

Set 10 _

Set 11

Set 12 _

Set 13 _

Set 14 _

Set 15 _

ADDITIONAL INFORMATION:

USAMA CRIM - Criminal Case Cover Sheet.pdf 3/4/2013


------

~JS 45 (5197) - (Revised U.SD.C MA 3/25/20(1)

Criminal Case Cover Sheet u.S. District Court - District of Massacbusetts

II FBIPlace of Offense: Category No. Investigating Agency

City N. DartmoutblNew BedfonllBos. Related Case Information:

County BristolandSuffolk Superseding Ind.l Inf. Superseding Ind. Case No. 13-10238-DPW Same Defendant X New Defendant

13-2161-MBB/13-2~16~2~-M~B~B~Magistrate Judge Case Number Search Warrant Case Number 13-2107-MBB; 13-2104-MBB R 201R 40 from District of


Defendant Name AZAMAT TAZHAYAKOV DYes [{]No

Is this person an attorney and/or a member of any state/federal bar: DYes [{] No

Alias Name

Address (City & State) New Bedford, Massachusetts

Birth date (Yr only): 1993 SSN (last4#): _ Sex M Race: White Nationality: Kazakhstan

Defense Counsel if known: Nicholas Woolridge, Esq. Address 1123 Avenue Z, Brooklyn,NY 11235

Bar Number

u.S. Attorney Information:

AUSA B. Stephanie Siegmannand John A. Capin Bar Number if applicable

Interpreter: DYes [{] No List language and/or dialect:

Victims: []ves [{] No If yes, are there multiple crime victims under 18 USC§3771 (d)(2)

Matter to be SEALED: DYes [{] No

Dwarrant Requested D Regular Process [{] In Custody

Location Status:

Arrest Date 05/0112013

[{]Already in Federal Custody as of 05/01/2013 In Essex CountylMiddleton

DAlready in State Custody at ---------- DServing Sentence [}..waiting Trial

DOn Pretrial Release: Ordered by: on

Charging Document: DComplaint Dlnformation [{] Indictment

Total # of Counts: DPetty-- D Misdemeanor [{] Felony 2


I hereby certify that the case numbers of any prior proceedings before a Magistrate Judge are accurately set forth above.

Signature of AUSA-Date:


JS 45 (5/97) (Revised U.SD.C. MA 12/7/05) Page 2 of2 or Reverse

District Court Case Number (To be filled in by deputy clerk): 13-I0238-DPW

Name of Defendant AZAMAT TAZHAYAKOV

U.S.C. Citations

Index Key/Code Description of Offense Charged Count Numbers

Set 1 18U.S.C. § 371 Conspiracy to Obstruct Justice

Set 2 18U.S.C. § 1519 Obstruction of Justice 2

Set 3

Set 4

Set 5

Set 6

Set 7

Set 8

Set 9

Set 10 _

Set 11

Set 12 _

Set 13 _

Set 14 _

Set 15 _


USAMA CRIM· Criminal Case Cover Sheet.pdf 3/4/2013


------------------

~JS 45 (5/97)· (Revised U.S.D.C. MA 3/25/2011)

Criminal Case Cover Sheet u.S. District Court - District of Massachusetts

Place of Offense: Category No. _0 _ Investigating Agency FBI

City Cambridge andBoston Related Case Information:

County Middlesex andSuffolk Superseding Ind.llnf. Superseding Ind. Case No. 13-10238-DPW Same Defendant New Defendant X

13-2161-MBBIl3 -2':"'"16':":2:""':.M:-==B="B-Magistrate Judge Case Number Search Warrant Case Number 13-2107-MBB; 13-2104-MBB R 20IR 40 from District of


Defendant Name ROBEL KIDANE PHILLIPOS Juvenile: DYes 0No

Is this person an attorney and/or a member of any state/federal bar: DYes 0 No

Alias Name

Address (City & State) Cambridge, Massachusetts

Birth date (Yr only): 1993 SSN (Iast4#): _ Sex M Race: White Nationality: _U_SA _

Defense Counsel if known: Derege B. Demissie, Esq. Address 929 Massachusetts Ave., Ste 0 I

Bar Number Cambridge, MA 02139

u.S. Attorney Information:

AUSA B. Stephanie Siegmann and John A. Capin Bar Number if applicable

Interpreter: DYes 0 No List language and/or dialect:

Victims: DYes 0No If yes, are there multiple crime victims under 18 USC§377I (d)(2) DYes DNo

Matter to be SEALED: DYes 0 No

DWarrant Requested o Regular Process D In Custody

Location Status:

Arrest Date

DAlready in Federal Custody as of In

DAlready in State Custody at ---------- DServing Sentence [}.waiting Trial

00n Pretrial Release: Ordered by: Magistrate Judge Bowler on May 6, 2013

Charging Document: DComplaint D Information o Indictment

2Total # of Counts: Dpetty--- D Misdemeanor o Felony


I hereby certify that the case numbers of any prior proceedings before a Magistrate Judge are accurately set forth above.

Signature of AUSADate:


JS 45 (5/97) (Revised USD.C. MA 12/7/05) Page 2 of2 or Reverse

District Court Case Number (To be filled in by deputy clerk): 13-10238-DPW

Name of Defendant ROBEL KIDANE PHILLIPOS

U.S.C. Citations

Index Key/Code Description of Offense Charged Count Numbers Making False Statements to FBI in

Set 1 18 U.S.C. ~ lOOI(a)(2) Terrorism Investigation 3

Making False Statements to FBI in

Set 2 18 U.S.C. ~ IOOI(a)(2) Terrorism Investigation 4

Set 3

Set 4

Set 5

Set 6

Set 7

Set 8

Set 9

Set 10 _

Set 11

Set 12 _

Set 13 _

Set 14 _

Set 15 _


USAMA CRlM· Criminal Case Cover Sheel.pdf 3/4/2013


superseding indictment tazhayakov (2), obstruction of justice and 18 u.s.c. 1519; robel kidane...

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